Summary: The Ombudsman will not investigate Miss X’s complaint that council officers lied during court proceedings and in reports written for the Court. This is because we have no powers to consider matters which could have reasonably been raised in court, and we cannot consider complaints about decisions taken in court.

The complaint

1. The complainant, whom I shall call Miss X, complains council officers lied during court proceedings involving her children, and in reports written for the Court.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Miss X says council officers have lied during court proceedings and in reports written for the Court. Miss X says she has proof of this and will be writing to the Court.
7. The exceptions at paragraphs 3 and 4 apply to Miss X’s complaint. If Miss X had concerns about information presented by the Council, then she should have raised her concerns in court. The Court could then have considered the evidence put forward by the Council and any counter-arguments Miss X wanted to present.
8. Miss X says she has evidence in support of her claims, and she will be sending this to the Court. If the matter returns to court, she will have the opportunity to present her case.
9. The Ombudsman also has no powers to consider complaints about matters discussed or decided in court. Miss X’s complaint is not one we can consider.

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Final decision

10. The Ombudsman will not investigate Miss X’s complaint. This is because we have no powers to consider matters which could have reasonably been raised in court, and we cannot consider complaints about decisions taken in court.

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Investigator's decision on behalf of the Ombudsman